You are responsible for
obtaining and maintaining all computer hardware, software and communications
equipment needed to access the Service, and for paying all access charges (e.g.
ISP, mobile carrier) incurred while using the Service. Our service does not
charge consumers to retrieve, read, or send email messages. However, Data Rates
The Service consists of one or more of the following: a web-based interface, email applications, messaging applications, data encryption, data transmission, data access, and data storage. Outbound messages are provided through different routes, and the level of reliability and support for special features varies according to the route.
The Company only provides that the text messages, email and voice broadcasts
you send through the Service are processed correctly and delivered to the
applicable network. The Company is not responsible for the final delivery of the
message or broadcast, as this is beyond our control and is the responsibility of
the cellular telephone operator or other network.
3. Users Liability This Service may only be used for lawful purposes. You are prohibited from transmitting via the Service any unlawful or otherwise harmful material nor shall any information or materials be transmitted in violation of any local, state, or Federal regulation(s) or applicable international covenant or treaty. You agree to comply with all federal, state, local and foreign laws and regulations, as applicable. Without limiting the foregoing, you are prohibited from sending or receiving information which infringes on a third party's intellectual property rights, threatening, obscene or offensive material to the extent prohibited by the Telecommunications Act of 1996, material protected by trade secret, fraudulent credit card information, fraudulent computer information, and data which enables breach of firewalls or other forms of unauthorized access to protected files.
The use of the Service to transmit certain kinds of information (including without limitation, computer software and other technical data) in violation of export control laws and other regulations of the United States, whether that information is received abroad or by foreign nationals within the United States is also prohibited. You agree to indemnify and hold harmless 1MessageWaiting from any claims resulting from User's use of this Service that results in claims by a third party or a violation of law. Such indemnification shall include reimbursement of all 1MessageWaiting's costs and legal fees incurred in connection therewith.
You agree to abide by all applicable local, state, national and international
laws and regulations and are solely responsible for all acts or omissions that
occur under your account, including without limitation the content of the
messages and broadcasts transmitted through The Company. Without limiting the
foregoing, you agree to familiarize yourself with the legalities of any
messages, broadcasts and campaigns transmitted through The Company by visiting
the following websites:
Federal Trade Commission, http://www.ftc.gov
Federal Communications Commission, http://www.fcc.gov
DoNotCall Registry Info, http://www.donotcall.gov
1MessageWaiting reserves the right to delete or limited access to any material at 1MessageWaiting's sole
discretion, should it come to our attention that said material may violate
either these terms of service or any local, state, or federal law. Notwithstanding the foregoing, user acknowledges and agrees that 1MessageWaiting's user and practice is to
not monitor, review, limit, censor or control content transmitted on the Service. User further acknowledges
and agrees that it is practicably and technically not feasible for 1MessageWaiting to attempt to do so to any
degree. Nothing in this agreement shall be deemed to imply that 1MessageWaiting can or will monitor, review,
limit censor or otherwise control content transmitted or stored on the Service. User shall be solely
liable for the Content transmitted or stored.
If you choose to create a 1MessageAwaiting account, you will select a unique username and password. You shall provide The Company with accurate, complete, and regularly updated member profile information. You agree to notify The Company of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, at The Company’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
3. Prohibited Content and Activities You accept that the Service is provided for personal use only. You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any person or entity (a “person”), interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
4. 1MessageWaiting Access
A. Subject to your compliance with these Terms of Service, the Company hereby
grants you permission to use the Service, provided that: (i) your use of the
Service as permitted is solely for your personal use, and you are not permitted
to resell or charge others for use of or access to the Service, or in any other
manner inconsistent with these Terms of Service; (ii) you will not duplicate,
transfer, give access to, copy or distribute any part of the Service in any
medium without the Company's prior written authorization; (iii) you will not
attempt to reverse engineer, alter or modify any part of the Service; and (iv)
you will otherwise comply with the terms and conditions of these Terms of
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide the Company with your mobile phone number. If you choose to use 1MessageWaiting tools or applications that utilize your contacts and/or address book, you expressly acknowledge and agree that in order to provide the Service, the Company may periodically access your address book and/or contacts, as necessary to provide the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to the Company to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. You are solely responsible for the messages that you submit and that are displayed for your mobile phone number on the Service. You must notify the Company immediately of any breach of security or unauthorized use of your mobile phone. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.
5. Third Party Web Sites
These Terms of Service apply to all users of the Service. Information provided by our users through the Service may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that the Company shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
6. Intellectual Property Rights
The design of the 1MessageWaiting Service along with 1MessageWaiting created text, scripts, graphics, interactive features and the like, except reminder text messages, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. The Company reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE 1MESSAGEWAITING SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, 1MESSAGEWAITING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. 1MESSAGEWAITING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE 1MESSAGEWAITING SERVICE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE 1MESSAGEWAITING SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
8. Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of The Company. In addition, The Company shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Service.
9. Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE
BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE 1MESSAGEWAITING
CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the 1MessageWaiting Service is appropriate or available for use in other locations. Those who access or use the 1MessageWaiting Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless 1MessageWaiting, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the 1MessageWaiting Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the 1MessageWaiting Service.
11. Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the 1MessageWaiting Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the 1MessageWaiting Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 1MessageWaiting without restriction.
You agree that: (i) the 1MessageWaiting Service shall be deemed solely based
in Florida; (ii) the 1MessageWaiting Service shall be deemed a passive server
that does not give rise to personal jurisdiction over 1MessageWaiting, either
specific or general, in jurisdictions other than Florida; and (iii) that you
agree to subject to the jurisdiction of Florida in the event of any legal
dispute. These Terms of Service shall be governed by the internal substantive
laws of the State of Florida, without respect to its conflict of laws
principles. Any claim or dispute between you and 1MessageWaiting that arises in
whole or in part from the 1MessageWaiting Service shall be decided exclusively
by a court of competent jurisdiction located in Seminole County, Florida. These
www.1messagewaiting.email/privacy and any other legal notices published by the
Company, including, but not limited to an end user license agreement, shall
constitute the entire agreement between you and the Company concerning the
1MessageWaiting Service. If any provision of these Terms of Service is deemed
invalid by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms of
Service, which shall remain in full force and effect. No waiver of any term of
this these Terms of Service shall be deemed a further or continuing waiver of
such term or any other term, and the Company's failure to assert any right or
provision under these Terms of Service shall not constitute a waiver of such
right or provision. the Company reserves the right to amend or modify these
Terms of Service at any time, and it is your responsibility to review these
Terms of Service for any changes. If you do not agree to the revised Terms, your
only recourse is to discontinue the use of the 1MessageWaiting Service. Your
continued use of the 1MessageWaiting Service following any amendment of these
Terms of Service will signify your assent to and acceptance of its revised
terms. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE 1MESSAGEWAITING SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY